Source: All England Reporter
Publisher Citation: [2002] All ER (D) 207 (Jan)
Court: Divisional Court
Judge:

Kennedy LJ and Hallett J

Representation Alun Jones QC and Simon Farrell (instructed by Saunders & Co) for the claimant.
  The defendant did not appear and was not represented.
  Clive Nicholls QC and Hugo Keith (instructed by the Solicitor for Customs and Excise) for the Commissioner of Customs and Excise, the interested party.
Judgment Dates: 25 January 2002

Catchwords

Extradition - Habeas corpus - Circumstances in which court may refuse to grant writ of habeas corpus - United Kingdom seeking extradition of claimant - Claimant arrested on provisional warrant - Claimant returning to United Kingdom providing extradition request - Claimant contending offences for which he was extradited not extradition crimes - Whether claimant extradited - United States of America (Extradition) Order 1976, art VIII.

The Case

An application for a writ of habeas corpus made by a claimant, who had been arrested in the United States of America on a provisional warrant which referred to money laundering offences, was dismissed on the ground that the claimant had not been extradited, but had chosen to return to the United Kingdom.

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